Butler, R (on the application of) v Bath and North East Somerset District Council & Ors

Butler, R (on the application of) v Bath and North East Somerset District Council & Ors

It was reasonably open to the defendants to interpret the Panel's recommendation R21 as allowing either site-specific allocations or criteria-based policies for gypsy and traveller sites in local plans. Therefore, the procedural obligations under regulation 15(4) were not triggered, and there was no breach. The application to quash the Structure Plan or Policy 37 is refused.

Parties
Claimant: Marlene Butler; Defendant: Bath and North East Somerset District Council; Defendant: Bristol City Council; Defendant: South Gloucestershire District Council; Defendant: North Somerset District Council
Jurisdiction
England and Wales
Judgment Date
26 March 2003
Procedural Posture
Judicial Review / Judgment on Application to Quash Structure Plan
Outcome
Application refused
Legal Topics
Development Plans, Procedural Compliance, Gypsy and Traveller Site Provision, Statutory Interpretation
Administrative Law Planning Law Development Plans Procedural Compliance Gypsy and Traveller Site Provision Statutory Interpretation

Case Brief

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Parties

Marlene Butler

Claimant

Bath and North East Somerset District Council

Defendant

Bristol City Council

Defendant

South Gloucestershire District Council

Defendant

North Somerset District Council

Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Structure Plan

Legal Issues

  1. 1 Whether the defendants breached regulation 15(4) of the Town and Country Planning (Development Plan) (England) Regulations 1999 by failing to follow the correct procedure when departing from the Panel's recommendation R21
  2. 2 Whether any such breach required the quashing of the entire Structure Plan or only Policy 37
  3. 3 Whether the claimant was substantially prejudiced by any procedural breach

Ratio Decidendi

It was reasonably open to the defendants to interpret the Panel's recommendation R21 as allowing either site-specific allocations or criteria-based policies for gypsy and traveller sites in local plans. Therefore, the procedural obligations under regulation 15(4) were not triggered, and there was no breach. The application to quash the Structure Plan or Policy 37 is refused.

Court Disposition

Application refused

Orders

  • No order as to costs save for public funding assessment
  • Permission to appeal refused